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2021 Supreme(Pat) 117

MADHURESH PRASAD
Dharambir Prasad Singh, Son of Late Naresh Chandra Singh – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Karandeep Kumar, Advocate
For the State :Mr.Zaki Haider, A.C. to A.G. Mr. Sandeep Kumar, Advocate with
Mr. Jai Ram Singh, Advocate Mr. K.N. Chaubey, Sr. Advocate with Mr. Ambuj Nayan Chaubey, Advocate

JUDGMENT :

1. The petitioner seeks quashing of the order dated 04.09.2020, bearing Memo No.1674, passed in Miscellaneous Case No.04 of 2019 (Building Construction) by the City Executive Officer, Nagar Parishad, Danapur Nijamat, Patna (Respondent No.6), disposing of the case filed by Sanjay Kumar (Respondent No.10). By the said order, the Executive Officer has issued a direction to stop the petitioner’s building construction work till adjudication of title by a Civil Court of competent jurisdiction.

2. The brief facts of this case is that the petitioner claims to be maternal grandson of one Ramcharitra Singh, who held 9.73 acres of land by virtue of a family partition through a registered partition deed executed in the year 1969. 2.53 acres of land was gifted by Ramcharitra Singh to his wife through a registered gift deed in the year 1975. He also gifted 28 decimals of land to his one and only daughter Shakuntala Devi by a registered deed of gift in 1975 itself. In 1984, said Ramcharitra Singh gifted 1.63 acre of land to his only daughter Shakuntala Devi, the petitioner and his br

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